USPTO Patents Application 10551504

Applicant : Hiroyuki Tsunoda ct al. Attorney's Docket No.: 14875-0153US1 / C1-A0320Y2P-US

Serial No. : 10/551,504

Filed : May 12, 2006

Page : 12 of 14

REMARKS

1. Status of Claims :

Claims 1-29, and 32-43 are pending in this application.

The Examiner withdrew claims 9, 10, 34-37, and 39-41 from examination (see, Office
Action, page 2, first paragraph, lines 5-6).

Claims 16-18, 23-25, and 28 have been amended herein, as requested by the Examiner,
to replace the numeric identifiers recited in these claims with alphabetical identifiers (see, Office
Action, page 3, first paragraph of Conclusion, lines 8-10).

In response to the Restriction Requirement dated June 27, 2008, Applicants elected, with
traverse, Group IV, claim 32, drawn to an antibody that "recognizes the region of amino acids
26-274 of human MPL." Applicants gratefully note that, on consideration of Applicants'
arguments, the Examiner has rejoined claims 1-8, 1 1-15, 33, 42 and 43 (see, Office Action, page

2, first paragraph) with elected claim 32. It is Applicants' understanding that the Examiner also
intended to rejoin claim 38 (see, Office Action, page 2, line 14).

Applicants respectfully request that the Examiner reconsider withdrawing claims 39-41
from the claims under examination because these claims properly depend from claim 32 of
elected Group IV. Accordingly, Applicants respectfully request that claims 39-41 be examined
on the merits along with claims 1-8, 1 1-33, and 38.

n. Response to Election Requirement :

According to the Office Action, Applicants' election of September 28, 2008, was
purportedly incomplete, and therefore non-responsive. Specifically, the Examiner stated:

Applicants were clearly required to elect a single ultimate species to winch examination
would be restricted in the event that the generic claim were found non-allowable, which
they have not done. Specifically, it would seem that the species of claims 26-29 are the
ultimate species of antibodies, whereas applicants have elected CDRs and framework
regions. Applicants are required to elect a single ultimate species , including all included
CDR's and Framework regions, and to further disclose which CDRs and framework
regions correspond to the ultimate species, (see, Office Action, page 2, lines 18-23;
emphasis in original).

Applicant
Serial No.
Filed
Page

Hiroyuki Tsunoda et al.
10/551,504
May 12, 2006
Oof 14

Attorney's Docket No.: 14875-0153US1 / C1-A0320Y2P-US

In response, Applicants elect, as the single ultimate species, the antibody recited in
claim 28(a). The heavy chain variable region of the elected antibody comprises the amino acid
sequence of SEQ ID NO: 229, and the light chain variable region of the elected antibody
comprises the amino acid sequence of SEQ ID NO: 238. The elected species reads on claims
1-8, 11-33, and 38-43.

The heavy chain variable region specified by SEQ ID NO: 229 includes CDR1, CDR2,
and CDR3 identified by SEQ ID NOS: 36, 37, and 38, respectively, and FR1, FR2, FR3, and
FR4 identified by SEQ ID NOS: 230, 232, 234, and 236, respectively.

The light chain variable region specified by SEQ ID NO: 238 includes CDR1, CDR2, and
CDR3 identified by SEQ D3 NOS: 93, 94, and 95, respectively, and FR1, FR2, FR3, and FR4
identified by SEQ ID NOS: 239, 241, 243, and 245, respectively.

It is Applicants' understanding that the above election, and the identification of all CDRs
and framework regions corresponding to the ultimate species elected, fully satisfies the
requirement set forth in the Office Action.

Applicant
Serial No.
Filed
Page

Hiroyuki Tsunoda et al.
10/551,504
May 12, 2006
14 of 14

Attorney's Docket No.: 14875-0153US1 / C1-A0320Y2P-US

CONCLUSION

Applicants petition for a 5-month extension of time from June 27, 2008, to December 27,
2008. Applicants already filed a petition for a 2-month extension of time when responding to the
Restriction Requirement dated June 27, 2008, on September 29, 2008. Therefore, Applicants
aver that fees are to be paid only for the remaining 3-month period (i.e., from September 29,
2008 to December 27, 2008) to maintain this application in good standing. Accordingly,
Applicants authorize the Office to apply the requisite charges to Deposit Account No. 06-1050.
If, Applicants are incorrect and additional fees are required, the Office is authorized to
consider this reply as including an authorization to the Office to apply any such additional
fees to maintain this application in good standing.

Please apply the requisite charges or credits to Deposit Account No. 06-1050 referencing
Attorney Docket No. 14875-0153US1 / C1-A0320Y2P-US.

Fish & Richardson P.C.
Customer No. 26161

Telephone: (617) 542-5070
Facsimile: (877) 769-7945
Email: apsi@fr.com

Respectfully submitted,

Date: December 23, 2008

/Janis K. Fraser/

Janis K. Fraser, Ph.D., J.D.

Reg. No. 34,819

22094334.doc